a team foster study guide. to change, or amend, the constitution, there are two steps: proposal and...
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Amendments to the U.S. Constitution
A Team Foster Study Guide
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To change, or amend, the Constitution, there are two steps: PROPOSAL and RATIFICATION.
Amending the Constitution
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Amendments 1 through 10 are known as the Bill of Rights. These were ratified together in 1788.
As of now, there are 17 more amendments after the Bill of Rights. The most recent amendment was ratified in 1992.
THE BILL OF RIGHTS
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The government can’t stop you from expressing your beliefs/opinions.
Freedoms of Expression:◦ Religion (How you worship God)◦ Speech (Saying your opinion)◦ Press (Writing your opinion)◦ Assembly (Hanging-out with others)◦ Petition (Asking the government to change a law)
◦ HINT: Really Special Presents Are Pets
The First Amendment
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The right to bear arms.
HINT: How many ARMS to you have?
The Second Amendment
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Citizens cannot be forced to quarter soldiers in a time of peace.
HINT: If a general and his two aides come up to your door and want to stay, you can tell them to get lost! (3 soldiers, go away)
The Third Amendment
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Your property cannot be searched or seized by the police without your permission or a warrant.
HINT: They can’t search the FOUR corners of your house without a warrant!
The 4th Amendment
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These amendments deal with your protections if you ever find yourself in trouble legally.
The fifth amendment says you don’t have to speak in court if it could make you look guilty. You can ‘plead the 5th’, which means refuse to answer questions. Think of it as holding up your hand, to STOP the questioning! (FIVE fingers on your hand)
The 5th-8th Amendments
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The 6th Amendment gives people the right to a speedy trial in a criminal case. It also gives them the right to have a jury decide their guilt or innocence.
The 7th gives people the right to a jury trial in a civil case, which deals with money.
To remember the difference, think of time any money. Would you rather spend SIX or SEVEN days in jail? Would you rather have SIX million dollars of SEVEN million dollars? Also, remember 7 deals with money = $EVEN
The 5th-8th Amendments
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The 8th Amendment says if you are found guilty of a crime, the government can’t punish you in cruel and unusual ways. So if you get caught stealing a piece of gum, they can’t take you out and shoot you for punishment.
HINT: It’s CRUEL and UNUSUAL to beat up an OCTOPUS (8 arms)!
The 5th-8th Amendments
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The 9th Amendment is kind of odd…it doesn’t really ‘list’ any rights, but it DOES say that you have many other rights that aren’t necessarily written down.
Nine = not necessarily listed
The “unwritten” Amendment
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The 10th Amendment says powers not given to the federal (US) government are reserved to the states. Things like schools and roads are handled by the states.
This amendment often causes friction between the states and the federal government. The Civil War was fought over slavery, sure, but it was actually more of a 10th Amendment issue!
The STATES’ RIGHTS Amendment
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11: One person can’t sue one state in federal court.
12: The candidate for President will choose his Vice-President. (1 chooses 2)
Before the 12th Amendment, the guy who lost the election for President would become the Vice-President. Can you see how that would be a big problem?
11 and 12
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13: Slavery abolished
14: If you are born here, you are a citizen.
15: All men can now vote, no matter their color.
*These amendments were written to free slaves and then to give them rights. But remember, it took until the Civil Rights Movement of the 1960s for blacks to really have any voting power.
The Reconstruction Amendments
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16: Established a federal income tax.
16TH Amendment
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17th: Direct election of U.S. Senators.◦ Before, only the House of Representatives were
elected directly by voters.◦ Senators were elected by STATE LEGISLATURES.
◦ Now, voters (like me and you) get to vote for both Representatives AND Senators, thanks to the 17th Amendment.
17th Amendment
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The 18th Amendment banned alcohol. This was what we call “Prohibition”, because alcohol was prohibited.
The 21st Amendment repealed, or took back, the 18th. It basically said the 18th Amendment was no longer applicable.
18th and 21st: Prohibition